Land Law - Registered Land
What information do you get from the:
- property register?
- proprietorship register?
- charges register?
Property register:
- contains a verbal description of the land and a reference to the title plan
- indicates the type of estate: freehold or leasehold
- rights for the benefit of the registered title
Proprietorship register:
- the class of title
- name and address of the registered proprietor
- indicates any restrictions affecting the ability of the registered proprietor to deal with the legal estate in land
Charges register:
- notices of any registered third-party rights which burden the registered title
- not of any registrable leases created out of the estate
Land Law - Registered Land
What estate qualify for first registration?
What will trigger first reg of a qualifying estate?
What is an assent?
- Unregistered freehold estate; and
- unregistered leasehold estate with more than 7 yrs to run.
The transfer of a qualifying estate by sale, gift, court order or assent.
Where PRs transfer land to a beneficiary under a will.
Land Law - Registered Land
Does the registration of a lease for more than 7 yrs trigger registration of the freehold reversion?
No, possible to have unregistered freehold title with a registered lease.
Land Law - Registered Land
What is the time limit for first registration?
What is the effect of failure to register within time limit in the following cases:
(a) transfer
(b) grant of legal lease
(c) creation of mortgage?
Within 2 months of the triggering event, the transfer, grant of the lease, gift or assent.
(a) the legal estate reverts to the transferor. An equitable interest is held until registration completed.
(b) the transaction fails to grant a legal lease. Equitable interest held until reg has been completed.
(c) transaction fails to create a legal mortgage. Equitable mortgage exists until first reg completed.
Land Law - Registered Land
How is the order of priority of mortgages decided?
Depends on the order in which they are entered on the register.
Land Law - Registered Land
What are interests affecting a registered estate (IARE’s)?
What do they include?
How are they protected?
third party interests in land which are not:
* capable of substantive registration;
* set out in s27 LRA 2002 as registrable dispositions; or
* overriding interests.
Include, but are not limited to:
- estate contracts;
- home rights;
- interests under a trust;
- equitable easements or profits created after 2003;
- equitable leases; and
- restrictive covenants.
Interests under a trust of land (express or implied) are protected by a restriction appearing in the proprietorship register.
Will prevent the registration of a later registrable disposition for value not in accordance with the terms of the restriction.
Notices apply to other interests. Appears in the charges register.
Land Law - Registered Land
How will legal easements and profits created by implication or prescription after 12 oct 2003 take effect as overriding interests?
If one of the following three conditions satisfied:
- the purchaser has actual knowledge of the easement or profit on the date of the transfer in their favour; or
- the existence of the right would have been apparent on a reasonably careful inspection of the land over which the easement/profit is exercisable; or
- if the easement or profit has been exercised at least once in the yr prior to the land transfer.
Land Law - Registered Land
What does a person need for a succesful claim to an overriding interest?
When will an interest created by a proprietary interest + actual occupation, lose overriding status?
Interest (proprietary) + obvious actual occupation OR
interest (proprietary) + non-obvious actual occupation + actual knowledge.
If:
- the person holding the interest has failed to disclose the right, upon inquiry, when they could reasonably have been expected to do so; and
- the person’s occupation was not obvious on a reasonably careful inspection unless the buyer has actual knowledge.
Property Practice - Remedies for Breach of Leasehold Covenants
What are the remedies availabel to a commercial landlord for breach of covenant to pay rent?
- Action in debt
- CRAR
- Pursue guarantors/rent deposit
Property Practice - Remedies for Breach of Leasehold Covenants
When is CRAR available?
Conditions of CRAR?
Effect?
Only available in relation to rent paid for possession and use of the premises and at least 7 days’ rent must be outstanding.
- landlord must give 7 days’ notice of its intention to enter the premises and must use an enforcement agency to enter premises to remove goods.
- not allowed to remove certain goods, including items or equipment up to the value of £1350 which are necessary for the tenant’s business.
- can only take items belonging to the tenant.
If the tenant does not pay the arrears, the landlord may sell the goods, provided this is done at a public auction and the tenant is given at least 7 clear days’ notice of the sale.
Property Practice - Remedies for Breach of Leasehold Covenants
Can the guarantor of an old lease be held liable for breach of a covenant to pay rent after assignment of the lease?
What is the procedure required for a landlord to pursue a former tenant or their guarantor?
Yes, likely to extend the duration of the lease, regardless of an assignment.
New lease - automatically released from liability, but may be required to give a guarantee for assignee.
Whether under an old lease or new lease, landlord must comply with s17 of the Landlord and Tenant (Covenants) Act 1995:
- must serve a default notice on any former tenants or their guarantors if the landlord intends to recover a fixed charge from them.
- default notice must be served within 6 months of the current tenant’s breach, otherwise landlord will be unable to claim.
Property Practice - Remedies for Breach of Leasehold Covenants
What remedies are available to a commercial landlord for breach of a covenant to repair?
- specific performance
- damages
- self-help/jervis v harris clause
- forfeiture
Property Practice - Remedies for Breach of Leasehold Covenants
Limitation on damages for breach of covenant to repair (commercial prop)?
Amount of damages limited to the amount by which the landlord’s reversion has diminished in value as a result of the disrepair.
Property Practice - Remedies for Breach of Leasehold Covenants
What must the landlord do if the lease was granted for 7 or more yrs with more than 3 yrs left to run, to sue for damages for breach of covenant to repair (commercial prop)?
Notice must be served on the tenant.
The tenant has the right to serve counter notice within 28 days and if it does so, the landlord cannot proceed with the claim.
Property Practice - Remedies for Breach of Leasehold Covenants
Requirements for a commercial landlord to exercise forfeiture for breach of covenant to repair?
If the tenant does not comply?
Added element for leases of 7 yrs or more with at least 3 yrs left to run?
Must serve a s146 notice on the tenant which will:
- specify the breach
- require the breach to be remedies within a reasonable time if capable of remedy
- require the tenant to pay compensation for the breach.
If the tenant does not comply with the notice, the landlord can forfeit by peaceable re-entry or court order.
The tenant can apply for relief.
Requires the s146 notice to include notification of the tenant’s right to serve a counter notice within 28 days. If the tenant serve the counter notice, landlord can only forfeit with leave of the court.
Property Practice - Remedies for Breach of Leasehold Covenants
How does self-help operate as a commercial landlord’s remedy for breach of covenant to repair?
Allows the landlord to enter the property to check compliance wih the tenant’s repair covenant.
If there has been a breach, the landlord can serve a notice specifying the works required to remedy the breach.
If the tenant fails to start work within a specified period after service of the notice, or is not proceeding diligently, the landlord may enter, carry out the works and recover the cost from the tenant as a debt/
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